Laird v. Ryan et al

Filing 11

ORDER ACCEPTING 10 REPORT AND RECOMMENDATION. The motion to stay (Doc. 3 ) is granted. No later than June 26, 2017, Petitioner must inform the Court of the status of his proceeding in state court. Every 90 days after the filing of the initial status report Petitioner must file a report regarding the status of the state court proceedings and must file a notice within thirty days after the state court review is completed. Signed by Senior Judge James A Teilborg on 05/24/2017. (KAS)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Kenneth Jeremy Laird,
Petitioner,

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ORDER

v.

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No. CV-17-00482-PHX-JAT (BSB)

Charles L Ryan, et al.,

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Respondents.

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Pending before the Court is the Report and Recommendation (R&R) (Doc. 10)

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from Magistrate Judge Bade recommending that Petitioner’s motion to stay (Doc. 3) be

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granted. Neither party has filed objections to the R&R. Accordingly, this Court will

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accept the R&R. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)

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(en banc) (“statute makes it clear that the district judge must review the magistrate

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judge’s findings and recommendations de novo if objection is made, but not otherwise”

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(emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D.

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Ariz. 2003).

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Therefore,

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IT IS ORDERED that the R&R (Doc. 10) is accepted; the motion to stay (Doc. 3)

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is granted.

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IT IS FURTHER ORDERED that no later than June 26, 2017, Petitioner must

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inform the Court of the status of his proceeding in state court. Petitioner must diligently

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pursue his state remedies. Every ninety days after the filing of the initial status report,

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Petitioner must file a report regarding the status of the state court proceedings and must

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file a notice within thirty days after the state court review is completed.

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Dated this 24th day of May, 2017.

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